Workmen compensation act 1923

The workmen compensation Act is the first measure of social security introduced in 1923 came into force from 1st July 1924. The workmen compensation is an act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.

The objective of this Act is that in the case of an employment Injury compensation be provided to the injured workman and in case of his death to his dependants.

Minor
A person who is under the age of 15 years is considered as minor.

Adult
A person who has achieved the age of 15 years is considered as Adult.

Dependant means any of the following relatives of a deceased workman: 1. A widow, minor legitimate son, and unmarried legitimate daughter, or a widow mother; and 2. If wholly or in part dependant on the earnings of the workman at the time of his death, a widower, a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter, a daughter legitimate or illegitimate if married and a minor or widowed, a minor brother, an unmarried or widowed sister, a widowed daughter-in-law, a minor child of a deceased son, a minor child of a deceased daughter where no parent of the child is alive, or, where no parent of the workman is alive, a paternal grandparent.

Dependant

Wages
Wages include any privilege or benefit which is capable of being estimated in money, other than a traveling allowance or the value of any traveling concession or a contribution paid by the employer of a workman towards any pension or a provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment.

a) Incase of injury: Sec 3 of the workmen compensation Act 1923 provides that if personal injury is caused to a workmen by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation. b) In case of physical disease: Besides bodily injury, the section provides for employers liability to pay compensation to an employee of his if the employee contracts any of the occupational diseases..

In case the disablement of workman is three or less days; except in case of death when the injury is caused due to influence of drink or drug taken by the workman or upon his willful disobedience to obey safety rules or removal of safety guards by him.

The amount of compensation will be determined by two factors i.e. (1) the amount of wages (2) the nature of injury.

Notice:
An injured person or his dependants have to give a notice to the employer to pay compensation.